The Oregon Department of Environmental Quality invites the public to provide written comments and attend a virtual public hearing to provide verbal comments on the proposed water quality certification decision for the 2026 U.S. Army Corps of Engineers (USACE) Nationwide Permits, known officially as a Clean Water Act Section 401 water quality certification.

The previous email of this public notice did not include the public hearing information, which you can read below in the "How can I provide a comment?" section.

Key dates - See full public notice for more information

• Virtual public hearing: Wednesday, Sept. 10, 2025 from 1:00 - 2:30 p.m.
• Public comment deadline: Tuesday, Sept. 30, 2025 at 5 p.m.

Summary

USACE Nationwide Permits are a type of general permit issued on a nationwide basis for activities that have minimal impacts on the environment. Projects that propose in-water work, including streams and wetlands, may require a USACE permit and DEQ 401 water quality certification. The proposed USACE Nationwide Permits cover 58 categories of activities. The current Nationwide Permits were approved in 2022 and expire on March 14, 2026.

About the project

On June 18, 2025, the USACE published a notice in the Federal Register proposing the reissuance of 56 existing Nationwide Permit categories, issuance of one new permit category, and modifications to the general conditions and definitions. The USACE Nationwide Permits are issued for a five-year period.

What does a water quality certification do?

One way DEQ protects Oregon’s water quality is by issuing water quality certifications. Section 401 of the Clean Water Act requires federal agencies to obtain a water quality certification from the state if the proposed activity may result in a discharge to surface waters. The certification states that the discharge will comply with applicable sections of the Clean Water Act.

What legal authorities apply?

• Federal Clean Water Act
• Oregon Revised Statutes 468B
• Oregon Administrative Rules Chapter 340, Divisions 041 and 048
• Code of Federal Regulations, Part 121

How can I provide a comment?

Submit written comments by Sept. 30, 2025 at 5 p.m. via email to 401publiccomments@deq.oregon.gov or mail to:

Haley Teach
Oregon DEQ
700 NE Multnomah Street, Suite 600
Portland, OR 97232

You can also attend a virtual public hearing on Wednesday, Sept. 10, 2025 at 1 p.m.

• Register to join virtually on Zoom: https://ordeq.org/401WQC-2026NWP
• Or join by phone by calling: 253-215-8782 and entering Webinar ID: 897 9985 4265, Passcode: 083598

DEQ gives equal weight to written comments submitted online and verbal comments made during the public hearing. DEQ will review and consider all comments received. Following consideration of public comments, the certification may be issued as proposed, modified or denied.

You will be notified of DEQ’s final decision if you submit written or verbal comments during the comment period. Otherwise, if you would like to receive notification, please contact Jennifer Wagner at jennifer.wagner@deq.oregon.gov.

For more information

Find more information by reviewing draft permit documents attached to the full public notice, or contact Jennifer Wagner at jennifer.wagner@deq.oregon.gov with questions or to view documents in person at a DEQ office.